| Case ID |
0bcf4409-2b25-400d-ac40-6a2c227cd35a |
| Body |
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| Case Number |
R.F.A. No. 75623 of 2019 |
| Decision Date |
Jan 19, 2022 |
| Hearing Date |
Jan 19, 2022 |
| Decision |
The Lahore High Court allowed the Regular First Appeal under Section 54 of the Land Acquisition Act, 1894, reversing the previous decision of the Referee Court. The court found that the Referee Court failed to properly assess the compensation for the acquired land, which had escalated in value due to its location and the delay in the acquisition process. The court emphasized the duty of the respondents to provide credible evidence regarding the compensation fixed by the revenue staff, which they failed to do. Consequently, the appellants were entitled to compensation at the rate of Rs. 35,00,000/- per acre along with additional charges and interest. |
| Summary |
The case revolves around the acquisition of land under the Land Acquisition Act, 1894, where the appellants, Pervaiz Akhtar and others, challenged the compensation awarded for their land acquired by the Land Acquisition Collector. The Lahore High Court found that the Referee Court did not adequately consider the market value of the land, which was situated in a prime location and had significantly increased in value during the lengthy acquisition process. The court noted that the appellants provided substantial evidence supporting their claim for higher compensation, while the respondents failed to produce credible evidence to justify the fixed compensation. Ultimately, the court ruled in favor of the appellants, awarding them compensation reflective of the current market value, thereby ensuring their rights under the law were upheld. This case highlights the importance of fair compensation in land acquisition and the need for authorities to substantiate their assessments with reliable evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Land Acquisition Collector
|
| Judges |
SHAHID, JAMIL KHAN,
AHMAD NADEEM ARSHAD
|
| Lawyers |
Mr. Nadeem Babar,
Mr. Akhtar Ali Monga
|
| Petitioners |
others,
PERVAIZ AKHTAR
|
| Respondents |
others,
LAND ACQUISITION COLLECTOR
|
| Citations |
2022 SLD 1639,
2022 PLJ 754
|
| Other Citations |
PLD 2004 SC 512,
PLD 2008 SC 386
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
34,
154
|